Human Trafficking: Today s s Objectives. Human Trafficking? Or Not? Modern Day Slavery in the 21 st Century

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1 Human Trafficking: Modern Day Slavery in the 21 st Century 1 Today s s Objectives Define What is Human Trafficking? Discuss how large is the problem Discuss the difference between smuggling and trafficking Discuss what people are trafficked for Discuss key indicators of human trafficking Discuss where to find these VICTIMS Discuss challenges in assisting victims of trafficking 2 Human Trafficking? Or Not? 3 1

2 What is Human Trafficking? Human trafficking is Recruitment Smuggling Abducting Transporting Harboring Buying/Selling of a person By means of Force Fraud Threats Coercion For the purposes of Commercial or Sexual exploitation 4 Scope of Problem Worldwide United Nations estimates 700,000-2,000,000 individuals are trafficked annually According to the U.S. Department of Health & Human Services, After drug dealing, human trafficking is tied with the illegal arms industry as the second largest criminal industry in the world today, and it is the fastest growing. Approximately 27 million people held in slavery worldwide 5 USA Routes 6 2

3 Scope of Problem United States U.S. Department of Justice estimates 14,500 17,500 woman and children trafficked into U.S. annually CIA estimates 50,000 woman and children trafficked into U.S. annually 750,000 women trafficked into the United States in last decade 200, ,000 U.S. children are at high risk to falling prey to the sex trade industry Cases have been investigated in 48 states 7 Why Does Human Trafficking Exist? International poverty has increased in the last 15 years Globalization: increased international trade and economic competition have created a demand for cheap labor Slaves of the 21 st century are dispensable commodities not seen as long-term investments but rather as low-cost and easily replaceable Estimated $9 billion in profits annually Trafficking profitable because people are resalable and reusable: Unlike drugs and arms traffickers, human traffickers can continue to exploit their victims after the initial point-of-sale. Until recently, criminal penalties in many countries were less severe for human trafficking than for arms or drug trafficking 8 Smuggling vs. Trafficking Smuggling An offense against the integrity of the U.S. borders Requires illegal crossing of the U.S. border Smugglers typically make their money once the alien has reached the U.S. border; their business relationship with the immigrant then terminates Can become trafficking once a person is forced to provide labor or services Trafficking An offense against a person Involves compelled labor or service Traffickers may use smuggling debt as a means to control victims Traffickers maintain ongoing control over victims, even after the border is crossed 9 3

4 What People Are Trafficked For Domestic Servitude 10 What People Are Trafficked For Hotel housekeeping 11 What People Are Trafficked For Prostitution 12 4

5 What People Are Trafficked For Construction Work 13 What People Are Trafficked For Prostitution Exotic Dancing Servile Marriages Agricultural Work Landscape Work Domestic Servitude Factory Work Personal Sexual Exploitation Begging/Street Peddling Restaurant Work Construction Work Carnival Work Hotel Housekeeping Criminal Activities Day Labor 14 Where to Find Victims Migrant or immigrant communities Areas or zones known for prostitution Law enforcement calls for service (domestic violence, sexual assaults, family disputes, and suspicious circumstances) Traffic stops Health care providers, ER, and social services (counseling) Airports and hotels Faith based organizations Large agricultural fields Resort communities (Ensenada, Cancun, Acapulco) 15 5

6 Methods of Recruitment and Trafficking Kidnapping Deception/Fraud Newspaper ads promising career opportunities in foreign countries Recruitment by other victims Falsified travel document Visa overstays Promise of a better life The American Dream 16 Who are the Victims? Vulnerability Factors: People escaping oppression/conflict Street children/runaways/homeless Prior domestic violence Prior sexual abuse Little to no education Widows Abandoned wives & children Trafficking does NOT discriminate 17 Who are the Perpetrators? Friends and family Organized crime Local gangs Smugglers Pimps Madams Husband Boyfriend Anyone 18 6

7 Methods of Controlling Starvation Confinement Beatings Torture Rape and gang rapes Threats of violence to victims and victim s family members Forced drug usage 19 Conditions Trafficked Persons May Arrive In Mental Health Physical Health PTSD Rape trauma syndrome Depression Suicidal tendencies Captivity trauma Learned helplessness Internalized anger Stockholm Syndrome Physical trauma Illness (i.e. HIV, TB) STD s Gynecological trauma from forced abortions Drug dependency 20 A Survivor Speaks So often I thought of killing myself, and then I thought of my poor mother and my sisters. I prayed every day that today I will be rescued. But the days just passed and passed Ukrainian survivor 21 7

8 Trafficking Indicators Victim living/working conditions Live on or near work premises Restricted or controlled communication Frequently moved by traffickers Large number of occupants for living space 22 Trafficking Indicators (continued) Victims may lack Personal items/possessions Cell phones, calling cards, etc. Private space Financial records Transportation Knowledge about how to get around in a community 23 Trafficking Indicators (continued) Personal/physical indicators Injuries from beatings or weapons Poorly set bones Unexplained injuries Signs of torture (e.g., cigarette burns) Brands or scarring indicating ownership Signs of malnourishment 24 8

9 Trafficking Indicators (continued) Other indicators Someone else has possession of legal/travel documents Existing debt issues One attorney claiming to represent multiple illegal aliens detained at different locations Third party who insists on interpreting 25 Trafficking Indicators (continued) Labor camps/sweatshops Security intended to keep victims confined Barbed wire Bars on windows Self-contained camps Bouncers, guards, and/or guard dogs Only allowed to shop at Company Store 26 Trafficking Indicators (continued) Brothels Large amounts of cash, condoms, and lubricants Customer logbook or receipt book (a.k.a. trick book ) Sparse rooms Men come and go frequently Egg timers or stop watches 27 9

10 Challenges in Identifying Victims Culture & language Lack of trust Undocumented/fear of deportation Fear of law enforcement Lack of knowledge of services, rights, and laws Fear of retribution by trafficker(s) against self, family, and friends Shame & stigma 28 Challenges in Identifying Victims (continued) Confused with smuggling or immigration violation Confused as a runaway or lone prostitute Cultural & Language barriers Well hidden in ethnic community Psychological control Time displacement: no linear timeline of events 29 Questions to Ask a Possible Victim: Did you come here to work? When you got here did he/she ask you to pay back a debt? Did he/she take or destroy your passport/id card? Are you being forced to do something against your will? Can you leave when you want? Where do you eat, sleep, and go to the bathroom? Are there locks on the doors and windows? Did someone tell you that you would be deported? When was the last time you spoke to your family back home? 30 10

11 What Legislation Exists? 31 The victims of the sex trade see little of life before they see the very worst of life an underground of brutality and lonely fear. Those who create these victims and profit from their suffering must be severely punished. Those who patronize this industry debase themselves and deepen the misery of others. And governments that tolerate this trade are tolerating a form of slavery. President George W. Bush, speaking to the United Nation s General Assembly, September 23, Trafficking Victims Protection Act of 2000 (TVPA) Created to combat trafficking in persons, to ensure just and effective punishment of traffickers, and to protect their victims Defines severe forms of human trafficking in persons as sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age Strengthens sentencing guidelines previously in place Victim-centered law that grants victims certain rights 33 11

12 PROTECT Act 2003 Illegal to engage in illicit sexual activity with minors Illegal to travel with the intent Abolished the statute of limitations for crimes involving the abduction or physical or sexual abuse of a child in virtually all cases Coercion can be physical or psychological Seeks to curb demand 34 Trafficking Victims Protection Reauthorization Act of 2005 Promotes efforts to fight domestic trafficking in persons Establishes a grant program to develop, expand, and strengthen assistance programs of U.S. citizens and permanent residents who have been trafficked Creates a new grant program for state and local law enforcement to investigate and prosecute trafficking of U.S. citizens and permanent residents Creates a new grant program to reduce demand for commercial sex acts 35 California State Law PC 266h Pimping PC 277i Pandering PC 266c Consent to a sexual act induced by fear PC 267 Abduction of minor for purposes of prostitution PC 181 Slavery PC 236 False imprisonment PC Human trafficking PC Unlawful sexual intercourse PC 266a Abduction for purposes of prostitution PC 269 Aggravated sexual assault of a child PC 266j Furnishing child for lewd purposes PC 288 Sexual offense or lewd act against child or dependent adult 36 12

13 Collaboration 37 Investigation Support FBI A key investigative agency at federal level Surveillance teams Computer evidence recovery teams Money laundering/asset forfeiture Document analysis Translation services Overseas investigations Victim safety and assistance, including family members Continued Presence application 38 Investigation Support ICE Responsible for immigration-related activities Surveillance teams Continued Presence application Overseas investigations Immigration status review Border interdiction Victim and witness assistance 39 13

14 Investigation Support Other U.S. Department of Labor Investigation of wage and hour issues Investigation of other labor law violations U.S. Internal Revenue Service Assistance in tracking movement of currency 40 Non-Governmental Organizations Community Based Organizations 501(c)(3) Nongovernmental organizations Food and shelter Medical assistance Life skills Social and emotional health Employment Education Language Legal and immigration assistance Human rights/labor rights 41 What are the Benefits of Working with Non-Governmental Organizations? Helps victim s overcome fear of law enforcement Victim is more cooperative because of resources and stability provided by social services Victims receives help reintegrating into society Multidisciplinary approach is required Working with one victim may require more than 20 agencies 42 14

15 Law Enforcement and Service Provider Multidisciplinary Anti- Trafficking Task Forces Funded by the U.S. Department of Justice, Bureau of Justice Assistance In partnership with local U.S. Attorneys Offices and community-based organizations Program s purpose is to create Human Trafficking Task Forces to Identify more victims Interdict and convict persons engaged in human trafficking Ensure victim safety and access to needed services Required memorandum of understanding 43 Why Should We Take Interest in Human Trafficking? Traffickers use our streets and freeways to move the victims around Many victims go misrepresented and unidentified during traffic stops and dispatched radio calls (i.e. domestic violence) It s the greatest civil rights violation known to humanity If unchallenged, our own women and children will fall prey to these predators 44 Four Common Myths About Human Trafficking: MYTH 1: Trafficking victims must be foreign nationals or illegal aliens. REALITY: Victims can either be U.S. Citizens OR foreign nationals-both are equally protected under the U.S. law. MYTH 2: Trafficking requires transportation across state or national borders REALITY: The legal definition of trafficking does not require transportation, although transportation may be involved. Unlike the Mann Act, no interstate transportation is required. MYTH 3: Victims cannot consent to prostitution before the coercion or be paid. REALITY: Consent to prostitution prior to acts of force, fraud, or coercion, or if the victim is a minor, is not relevant, nor is payment. MYTH 4: I can conclude this isn t trafficking without doing interviewing. REALITY: Victims are often trained to say that they were not forced or coerced. Careful interviewing is required to identify a victim, with translation if English is a second language. Information adapted from Polaris Project Law Enforcement toolkit. Stop Human Trafficking and Slavery

16 A Genius Speaks The World is a dangerous place to live, not because of the people who are evil, but because of the people who don t do anything about it Albert Einstein 46 Contact information San Diego County Sheriff s Department San Diego Regional Anti-Trafficking Task Force Deputy Rick Castro Desk: Cell: rick.castro@sdsheriff.org Federal Bureau of Investigation Civil Rights Division Special Agent Josie Regula (858) BSCC 24-hr Trafficking Hotline (619) Crisis House (619) QUESTIONS?? 48 16